Jallikattu: SC will decide if the sport falls under the ambit of culture

The Supreme Court on Tuesday had refused to stay the bill on Jallikattu and gave Tamil Nadu six weeks time to respond to the notices issued after the bill was challenged.

New Delhi, Feb 1: The key question before the Supreme Court is whether Jallikattu or the bull taming sport falls under the ambit of culture under Article 29(1) of the Constitution. The article deals with whether citizens have the right to take measures to conserve their culture.

A Bench comprising Justices Dipak Misra and R Nariman observed that they would decide whether a sport like this is safe. Conservation of culture should not involve inflicting unnecessary pain or suffering to animals, the Bench said.

The Attorney General of India, Mukul Rohatgi, however, questioned this logic. He referred to Section 1193)(e) of the Prevention of Cruelty to Animals Act of 1960 which permits slaughtering of animals for food for mankind. If Jallikattu is cruelty, what about slaughtering of animals, he asked. Slaughtering is done not just for food but in the name of religion as well, the AG pointed out. He was referring to halaal and sactifices of goats.

"The 1960 Act, which is a Special Act, exempts slaughter for food despite the fact that Article 48 prohibits slaughter" the AG said. Slaughtering for food comes within the purview of Doctrine of Necessity. Section 11 (3) (e) permits slaughter for food but also mandates that the animal should be killed without inflicting unnecessary pain or suffering, the Bench said. The AG, however, said that he is just saying that the court should consider the prevention and conservation of a culture in a holistic manner.

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